15.
Any information or readings given in connection with FibriCheck are for users’ reference only. Such information or readings shall in no way constitute professional medical advice. Users are advised to seek advice from medical professionals for all information about their health and conditions. Users understand and agree that neither eSmartHealth nor Qompium NV shall be held responsible for the results of the screening reports, any information or readings in connection with FibriCheck, or the health conditions of any users.
16.
FibriCheck does not provide any medical services. Neither eSmartHealth nor Qompium NV intends to establish any fiduciary duty with any user, including between doctors and their patients.
17.
Without limiting any terms and conditions of FibriCheck, all support, goods and services provided under FibriCheck are provided to participants on an “as is” and an “as available” basis, without warranty or condition of any kind, either expressed or implied, and all representations and warranties in connection with eSmartHealth or Qompium NV, and the support, goods and services under FibriCheck are excluded to the fullest extent permissible under any applicable law. To the maximum extent permitted under applicable law, neither eSmartHealth nor Qompium NV shall not be liable in any way in connection with FibriCheck, whether in contract, warranty, tort or otherwise.
18.
Neither eSmartHealth nor Qompium NV shall be liable or deemed in default for failure to fulfil any obligation under FibriCheck due to causes beyond its reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, civic unrests, shortages of labour or materials, freight embargoes, unusually severe weather, electrical power failures, telecommunication or internet backbone outages, failure of an internet access provider or other similar causes beyond our control, and neither eSmartHealth nor Qompium NV shall be liable for losses, expenses or damages, ordinary, special, remote or consequential, resulting directly or indirectly from such causes.